Frequently Asked Questions

When you come to us, we understand you’re hurting. People don’t search for an injury attorney unless something bad has happened to someone they love. Sometimes that hurt is physical, sometimes it’s emotional, and sometimes it’s financial. Often, it’s a combination of all three. And when you’re hurting, you may not think as clearly as you normally would. That’s why you need a trusted source guiding you through the maze of doctor appointments, therapists, never-ending forms, wage-replacement applications, and calls and paperwork from insurance companies. This is what our team does every single day.

We truly understand that if you’re looking for a car accident attorney, a wrongful death attorney, or medical malpractice attorneys, it’s one of the worst times of your life. We want to be your trusted source helping you recover more. Recover more hope. More compensation. And more peace of mind.

Attorneys are like doctors. Your local, primary care doctor is like your family attorney. Your primary care doctor treats your sinus infection, and your family attorney prepares deeds and wills. We’re like the doctor that focuses only on treating your heart. We focus only on helping the families of people who’ve been injured or who’ve died. We don’t do divorce cases. We don’t do criminal cases. We focus on clients who have been injured because someone else messed up. Because we limit our practice and focus exclusively on helping injured people, their families, and the families of people who’ve died, we have more time and resources to devote to your case. Also, ask your family attorney if they use algorithms to help them understand the value of your case. Nearly every industry uses data and Artificial Intelligence to better inform decision-making, and unfortunately, most lawyers remain ignorant of ways to use data to maximize a client’s recovery. While no mathematical formula can adequately capture someone else’s pain and suffering, we believe that understanding what the other side thinks, can only improve the outcome for our clients.

We don’t charge anything up front–we only get paid a percentage after we recover money for your loved one. This is called a contingency fee. Our fee is contingent upon us successfully recovering more for your loved one. Because our fee is based on a percentage, the more we recover for your family, the more we get paid. So it is both your family’s interest and our interest to ensure we recover more. If we don’t recover anything, your loved one doesn’t owe us anything. And here’s the thing, we don’t like not getting paid, so that makes us work that much harder for your family.

Many attorneys will tell you that their fee is 33% of whatever they recover for the client. What many attorneys don’t tell you is that they nickel-and-dime you for every piece of paper copied, every long-distance phone call (supposedly, that’s still a thing), and every stamp and envelope. And magically, by the time they add-on expenses, the total amount your family ends up paying usually exceeds 40%. We believe the right thing to do is to tell the truth–upfront. For most of the cases we take, we charge a 40% contingency fee, but we don’t charge you for expenses unless we have to file a lawsuit. We can’t expect to be your trusted source if we’re not willing to be upfront with you. Even if that means we lose a few clients because they believe they’re getting a better deal from an attorney with a stated-contingency fee that starts lower, we’re okay with that. Because at the end of the day, we believe we’ve done the right thing by being honest and transparent. And we believe the old adage that–you get what you pay for–is often spot on.

We’ve also successfully handled cases that other attorneys have turned down because of the complexity. In those cases, our contingency fee is usually higher since complex cases take more resources up front and the outcome is less certain. It’s always important to read every part of your fee agreement with our firm, and we want to make sure you understand every part of it. We believe it’s better to be communicative from the start so that everyone is on the same page from the beginning of the case, so that there are no surprises at the end of the case.

This is one of those dreaded lawyer answers–it depends. It depends on the kind of case. Nearly all medical malpractice attorneys agree that these cases require filing a complaint in court–it’s just the nature of a medical malpractice case. However, a good car accident attorney knows that if you put your case together well, make sure all of a client’s injuries are documented by medical professionals, and then demonstrate how the injuries affect the client’s everyday life, the likelihood of settling the case out-of-court increases. Each case is different. Sometimes in a case we would normally try to settle with an insurance company before filing suit, we end up filing suit because the statute of limitations is fast approaching and we have to ensure that your loved one doesn’t lose their right to recover. We will never settle a case without your loved one’s authorization, whether that’s before a lawsuit is filed or after. We’re here to be communicative and advise your family of the best course of action, and your loved one is here to make the final decision.

Absolutely! Here’s our commitment: your family member doesn’t have to worry about coming to our office because we come to you, either virtually or in-person. We have invested heavily in technology to facilitate better communication with our clients precisely because we know that when your family member is injured, the last thing they want to do–provided that they’re able–is to hobble around trying to come see an attorney. The way we look at it, they’re the one that’s injured, not us. That’s why we do everything we can to make working with your loved one convenient to them. We use several ways to video conference with your loved one from any cell phone. And you don’t even have to download an app. And if needed, we’ll come to you. It’s not uncommon for families to ask us to come to the hospital to see their loved one because when a catastrophic injury occurs, everyone feels breathless and disoriented. We’re here to help with the legal implications of what happened so that you can focus on what matters most–your family.

When you’re not sure if your family member has a case, the best thing to do is to set up a free consultation with one of the experienced personal injury lawyers at Ward + Associates. We will do a thorough case review for free, and let you know if we believe we can help.

The simplest case can be incredibly complex legally. There are many things that can make it difficult to know whether you should pursue your case. Is your injury the result of someone else’s negligence, or was it “just an accident,” or maybe just a case of sometimes bad things happen? Is the person who caused the injury able to compensate you for the losses? Or, at least do they have insurance that can pay for the harm they caused you?
You are not expected to know any of these things. You also are not expected to pay a personal injury lawyer just to find out if you have a case. The injury lawyers at Ward + Associates are ready to talk to you, whether on the phone, virtually, or in person, and give you a free consultation and evaluation. It’s also important to remember that, if we believe you have a case and you agree to hire us, you don’t owe us any money unless and until we recover money for you.

If you’re not sure whether you have a case, the best thing to do is give us a call and talk to one of the injury attorneys at Ward + Associates today. Call our Lexington office at 859-309-8225 or our eastern Kentucky office at 606-634-9600. Or feel free to text us at the button in the corner of the screen and we’ll set up a time to speak with one of our personal injury attorneys–often an appointment with an attorney–not a call center agent–is immediately available. If not, we’ll find the soonest time convenient for you and arrange a call.

This is a really important question because many people who have suffered injuries have also lost a lot of money. This includes lost income if your injuries keep you from working, and also money that you have to pay to receive medical care even if you have health insurance. Some lawyers may tell you that they can recover money for you very quickly. Sometimes that is true, but not always. Many times, in order to get money quickly, you have to accept much less than you are truly entitled to receive.

To put a specific time frame on recovery is virtually impossible. Very few cases are resolved in less than 6 months, and that’s not the kind of case you want because it usually means that there are severe injuries and very little insurance money to compensate the victim. Most cases take from 6 months to a year to recover. At Ward + Associates, we usually try to resolve cases without filing a lawsuit because that is the quickest and least expensive way to do so. But many times, the person or company who caused the injury will not agree to pay a fair amount, and we have no real choice but to file a lawsuit. In cases like that, it usually takes about a year to complete the case and recover damages.

Every case is different. The only way for us to give you specific advice about your injuries or the injuries of a loved one is for you to call and take advantage of a free consultation. Our experienced personal injury lawyers will take the time to talk to you about your case, and give you solid advice about what you need to do to protect your rights and your finances. If you need help with a personal injury case, call Ward + Associates today at our Lexington office at 859-309-8225 or our eastern Kentucky office at 606-634-9600. Or feel free to text us at the button in the corner of the screen and we’ll set up a time to speak with one of our personal injury attorneys–often an appointment with an attorney–not a call center agent–is immediately available. If not, we’ll find the soonest time convenient for you and arrange a call.

Virtually every personal injury case involves medical costs. Those costs can be very difficult for the person injured and for their family. If you hire the experienced personal injury attorneys at Ward + Associates, it will be our job to help you make sure that your finances are protected.

Who is responsible for your medical costs depends on the specific circumstances of your case. This post will discuss a few of the factors that we consider to advise you.

First, the party ultimately responsible for paying your medical costs is the person or company who caused your injuries by acting negligently. However, it often takes a long time to make that person or company pay what they truly owe. In some cases, they just don’t have enough money or insurance to pay all of your medical costs. In that type of case, it’s important to have other ways to make sure you can protect your health.
Second, do you have health insurance? While someone else who caused your injuries may ultimately be responsible for those costs, usually your health insurance will pay your medical expenses. Your health insurance is usually entitled to get reimbursed for some or all of the costs paid for your medical expenses related to the injury, but it is still almost always a good idea to have your health insurance pay. The person or company who caused the injuries will almost never pay your medical costs as you get treatment, so it’s very important to have your health insurance pay so that the medical expenses don’t destroy you financially. Also, your health insurance usually has negotiated rates with most medical providers, so they will pay less for the same care than you pay if you paid it yourself.

Third, do you have Medicare or Medicaid? If so, the same basic principles apply for these government benefits as for health insurance. It’s not exactly the same, though, and Ward + Associates attorneys have the knowledge and experience necessary to walk you through the process.

Fourth, if you do not have health insurance, there are often ways that competent personal injury lawyers can help you get the medical care you need without waiting months and months before the responsible party actually pays.

The most important thing to remember is that your health is the most important thing. At Ward + Associates, we will help you understand the process and advise you about how to get the medical care you need without waiting until it’s too late. The initial consultation is free, and if we can represent you, you don’t have to pay us unless we recover compensation for you.

Family members go through a lot when a loved one suffers a personal injury or dies due to someone else’s bad acts. Kentucky law recognizes this reality. As such, in addition to the damages owed to the injured or deceased family member, Kentucky law also allows certain family members to recover their own personal injury damages through the following causes of action:

1. Wrongful Death claim
2. Loss of Consortium claim
3. Negligent infliction of emotional distress claim

Unfortunately, Kentucky law is limited as to the family members allowed to directly recover under these laws. In most cases, only spouses and children are allowed to recover their own damages for a loved one’s injury or death, but it is always important to talk to a qualified Kentucky personal injury attorney to see if an exception entitles you to your own damages.


WRONGFUL DEATH CLAIMS

KRS 411.130 is the Kentucky statute that allows for family members to recover their own damages upon the wrongful death of a loved one. These damages include the loss of financial support, loss of parental companionship, and reimbursement for future services you would have received if your loved one was still alive. The wrongful death statute clearly sets out that all wrongful death damages are to be divided between the surviving spouse and children only. As such, parents and brothers and sisters of the family member that died are not allowed to recover their own damages under the wrongful death statute.

DO NOT FORGET: even if your loved one died as a result of the personal injuries they sustained, any lawsuit your loved one might have had personally for those injuries can move forward after their death. Your loved one’s Estate must be opened, and the personal representative of the estate can then seek damages for the pain and suffering sustained by your loved one before their death along with any hospital bills, funeral bills, and probate costs. Any money recovered under this scenario goes to the Estate. However, if your loved one did not have any children or a spouse at the time of the wrongful death, brothers or sisters or parents of the deceased family member may be able to inherit the damages owed to your loved one’s estate. That is why it is always important to talk to a qualified Kentucky wrongful death attorney following the death of a loved one due to someone else’s negligence.


LOSS OF CONSORTIUM

KRS 411.145 allows a spouse to bring a cause of action for their own damages following a severe personal injury or death to their husband or wife due to the negligence of another person. The Kentucky loss of consortium statute specifically allows a spouse to recover damages for “the services, assistance, aid, society, companionship and conjugal relationship between spouses. An easier way to say this is you would get to recover for the loss of your relationship with your spouse, including a loss of a sexual relationship, if your spouse is severely injured or killed. So, factors like living arrangements, closeness of the marital relationship, and services your spouse provided for you will be important in determining the amount of damages you are entitled to receive.

If a child’s parent is killed by someone else’s negligence, the child has a loss of parental consortium claim against the at-fault person. Before a child turns 18, they cannot maintain a legal action in their own name, so they must have an adult bring the claim on the child’s behalf as a “next friend” or as guardian of the minor child. Losing a parent is one of the most traumatic events that happen in life, especially as a child.

If the unimaginable happens and a parent loses a child under the age of 18, KRS 411.135 specifically allows the measure of damages in the wrongful death action brought on behalf of the child to include loss of affection and companionship, in addition to the other damages set out in the more general wrongful death statute.

Kentucky law isn’t simple or straight-forward when it comes to losing a loved one as a result of another person’s negligence or bad actions. That’s why it’s extremely important to speak with one of our attorneys who have experience navigating these treacherous legal waters, so that you can focus on what matters most: your family.


NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

A claim for negligent infliction of emotional distress is an exception where you do not have to be a spouse or child of an injured or deceased loved one to recover damages. A claim for negligent infliction of emotional distress may exist if you witness a loved one being severely injured or killed. However, to recover under this cause of action, you cannot simply claim that you have severe emotional distress. You will need to provide good evidence that your emotional distress is in fact severe. And you will need an expert witness to provide testimony supporting your claim of severe emotional distress.


YOU’RE NOT ALONE – WE’RE HERE TO HELP.

Don’t worry, you don’t have to go through this alone. Our personal injury attorneys and our Client Care Team are here to help make sense of all the legal speak, and to help you on the road to Recover More: More peace of mind, More hope, and More compensation.

Severe injuries create unexpected and unplanned difficulties in a loved one’s life. Adding the burdens of a lawsuit on top of that can be too much for them to handle alone. That is why as compassionate Kentucky personal injury attorneys, we encourage other family members to be engaged in their loved one’s case. Family members are also an important source of information for us, such as past and current treating doctors, dates of treatment, and even how the accident happened.

An involved family member also can play an important role in communicating with us about the status of the case and helping your loved one understand the litigation process and how things are moving forward. This “buffer” type approach allows for the loved one to focus on healing and getting better while the case moves forward, rather than worrying about the ongoing processes of litigation.

There are some instances where the injuries are so severe, like a traumatic brain injury following a trucking accident, where a loved one needs to be appointed as a legal guardian by a Kentucky Court to formally act on the loved one’s behalf. In this case, legally, the guardian essentially stands in to protect your loved one’s rights.

There are some instances, however, where a family member cannot be involved. For example, sometimes the need to protect attorney client privilege requires us to communicate directly with the client. Also, there are rare cases where the family member may be a potential defendant who the loved one may have a claim against, so that family member cannot be involved in the loved one’s case.

Other than these rare exceptions, we strongly encourage a loved one’s family to be involved in their case. It helps your loved one, it helps us, and it can help get the case to resolution quicker and with less difficulties. And ultimately, it’s our goal for you to take care of your family, and let us take care of the rest.

Having to hire and deal with a lawyer is not on the top of anyone’s wish list, so your loved one’s reluctance is understandable. What your loved one needs to understand is that after suffering a personal injury in Kentucky, a personal injury lawyer is not a luxury but, rather, a necessity. The person that injured your loved one will have an insurance adjuster and lawyers on their side doing all they can to make sure your loved one gets nothing or as little as possible for their injuries, no matter how severe they are. The insurance company will use every trick in the book to delay, deny, and defend your loved one’s claim with the hope that your loved one will simply give up and go away. Never forget that an insurance company’s goal is to make money, and they do that by refusing to compensate injured people, including your loved one. That’s why it is important to have an experienced Kentucky personal injury lawyer on your side who understands the games insurance company’s play and can fight fire with fire to make sure your loved one gets the compensation they deserve.

Another reason to hire a lawyer is so your loved one can focus on healing and getting better. Dealing with an insurance claim simply adds unnecessary stresses and frustrations to an already difficult situation. Hiring a personal injury lawyer takes this burden off your loved one’s shoulders when they are already dealing with so much. So let an attorney deal with the insurance company while you and your loved one focus on their health.

Another reason for your loved one to hire a Kentucky personal injury attorney is because a quality personal injury attorney adds value to their claim. Many people think that they can settle the case and keep all the money rather than paying an attorney. That is short sided. If you do not understand how to effectively handle insurance claims and deal with adjusters and lawyers, you will likely leave money on the table that an experienced lawyer would be able to recover for you. In other words, an experienced personal injury lawyer increases the value of your case, which more than covers the fees you pay to an attorney.

Lastly, do not just hire any random personal injury attorney for your loved one. Hire one that actually cares about your loved one’s wellbeing. Many of the larger personal injury law firms that you see on TV or hear on the radio sign hundreds of cases a week. Your loved one’s case would simply be another file in a long assembly line of files that move along the assembly line without any concern as to what your loved one is going through. At Ward & Associates, we limit the number of files that we sign so that our attorneys get to know your loved one and work hard to make sure their personal needs are addressed. Give us a call today to learn more about how we can help you and your loved one in this difficult time.

If your loved one is unconscious following a personal injury in Kentucky, concerns about the
quality of care they will receive can weigh heavy on a family. There are a few do’s and
don’ts that you need to remember to make sure your loved one gets the care they need:
1.See if your loved one has a living will. This document will give clear directions as to
what family remember is legally responsible for your loved one’s care. If they do,
make sure you give it to the doctors responsible for your loved one’s treatment so
that the doctor can follow your loved one’s clear instructions.
2.If there is no living will, you still have options. Be assertive. Ask questions. Demand
answers. Ask for second opinions. Whatever you do, do not believe you have to
simply sit in the dark and hope for the best. Doctors generally want to do what is
best for you and your loved one. And for family memebers, many times it is just
having a clear understanding of what is going on, so make sure you speak up. You
will likely learn that the doctors are doing everything they can for your loved ones.
3.The biggest don’t- do not get a lawyer involved. Many doctors are not fans of
lawyers. If a lawyer starts getting involved with your loved one’s care, the doctor will
most likely become more defensive and less responsive to the concerns and wishes
of the family.
With decades of helping severely injured clients, including clients with severe brain
injuries resulting from a personal injury, we understand the stress this can place on a
family. Our team of experienced Kentucky personal injury attorneys are here to help
guide you through these challenging times.

Absolutely. “Automobile accident” is a broad term. Another common term that means the same thing is “motor vehicle accident,” or “MVA.” It’s important to remember that sometimes a person gets injured in an automobile accident when he or she is not actually in an automobile. For example, when an automobile strikes someone who is walking or on a bike, that is an automobile accident. The person who was injured may be entitled to compensation if the accident was caused by the person driving the automobile.

Automobile accidents can get complicated. That’s why, if you have questions, you should contact the experienced personal injury lawyers at Ward + Associates. We have handled countless motor vehicle accidents and helped people receive compensation for their injuries. Call us now at our Lexington office at 859-309-8225 or our Eastern Kentucky office at 606-634-9600. The consultation is free. If we can help, we don’t get paid until your loved one gets paid, so there’s nothing to lose.

Absolutely. More and more, injuries caused by vehicles are from Car vs. People collisions. We all know that when something as large and heavy as a car or truck strikes a pedestrian, the injuries to the person are often very severe. We have extensive experience handling pedestrians struck by vehicles including children, people in wheelchairs, and adults. Because these cases often involve such severe injuries, it is extremely important that you contact us immediately at our Lexington office at 859-309-8225 or our eastern Kentucky office at 606-634-9600. And make sure you tell us as soon as we answer the phone that you’re calling about a case involving a injuries to a pedestrian.

Kentucky law provides a two-year statute of limitations for injuries from motor vehicle collisions with some exceptions. The best thing to do is immediately call one of our injury attorneys as soon as your loved one is injured in a car accident. Even though your family member may have two years to file suit, there are other considerations that need to be addressed as soon as your loved one receives medical treatment, like reserving their PIP benefits in order to keep the hospital from taking all $10,000. You’re not in this alone. We’re here to help. You take care of your family. We’ll take care of the rest.

There are really two issues with getting the insurance to pay to repair or replace your car after an accident. The first is making them pay, and the second is making them pay the full amount and not low-balling you.
If you have comprehensive coverage on your own car insurance, file a claim with your own insurance company and they will pay to repair your car. The good part of this is that it’s often faster than getting the other driver’s insurance company to pay. The bad part is that you will have to pay your deductible—at least up front. If the wreck was the other driver’s fault, your insurance company will usually get reimbursed for what they paid, and you will get your deductible reimbursed. Also, your own policy may or may not include paying for a rental car.
Sometimes, the other driver’s insurance company accepts responsibility for causing the wreck. When this happens, they will usually pay to repair your car. Hopefully, you were able to get the other driver’s insurance information at the scene of the wreck and can file a claim directly with their insurance company. They should also pay a reasonable amount to get you a rental car to use until your car is ready.
Whether it is your insurance company or the other driver’s insurance company, make sure that they pay to have your vehicle repaired so that it is like it was before the wreck. It’s a good idea to have your own trusted mechanic evaluate the damage and give an estimate so that the insurance company doesn’t overlook damage that isn’t obvious when you just look at the car.
Finally, don’t forget about items that were in your car that were damaged in the wreck, like a laptop computer or a cell phone or even clothing. The insurance company needs to pay to repair or replace those items too.

Car crashes are not always simple. Many times, the cause is complicated, and more than one person did something negligent to cause the wreck. Under Kentucky law, however, being partly at fault does not mean that you cannot recover anything at all. So, if you or your loved one was partially at fault, you still may have a case worth pursuing.
In a car wreck case, a person whose negligence causes a wreck is responsible for the damages caused by the wreck. When more than one person acts negligently and causes a wreck, we must determine the percentage of responsibility of each person. The best way to explain this is by an example.
Suppose that two cars are in a wreck at an intersection. One car ran a red light, so it was clear negligence. The other car had a green light, but was driving 50 miles per hour over the speed limit—also clear negligence. Since both drivers were negligent, if the case goes to trial, the jury would have to determine the percentage of responsibility on each driver. For example, the jury could determine that the driver who ran the red light was 60% responsible for the wreck, and the speeding driver was 40% responsible (it has to add up to 100%). (Note: these are just made up numbers, and the actual percentages will vary based widely upon actual facts). In this example, if your loved one was driving the car that ran the red light, he or she would be entitled to recover 40% of the total damages suffered in the wreck. If your loved one was driving the speeding car, he or she would be entitled to recover 60% of the total damages suffered.
It is also important to remember that, if your loved one was partially responsible, he or she will be liable to the others who may have been injured in the wreck based upon the amount of responsibility.
Finally, as experienced personal injury trial lawyers, we know that a jury may ultimately decide who is at fault, and how much responsibility each person bears. We always prepare to go to trial, but we also know that most cases settle before trial. But the best way to get full justice in settlement is to be prepared to go all the way to a jury trial.
If you or your loved one has been injured, call Ward + Associates today at 859-309-8225. We know how to advise you through difficult times.

If your loved one’s car requires repair after an accident, the other driver’s insurance is most often responsible for providing a rental car. However, sometimes your loved one’s own insurance policy will provide this same coverage and will get them into a car faster, and often longer.

When a vehicle is “totaled” that means that the insurance company has determined that it is cheaper to pay the market value of the vehicle, rather than pay a body shop to repair it. Sometimes this means that a family member may still owe more on the car than what the insurance company is willing to pay. That’s when you need to check to see if you have gap insurance coverage, that will cover the difference between what’s owed on the vehicle and what the vehicle is worth.

Yes, that’s a possibility. If they purchased UIM (underinsured) or UM (uninsured) motorists coverage from their insurance company, those policies can step in if the person that caused the wreck either doesn’t have insurance (UM) or doesn’t have enough insurance to cover all of the damages (UIM). They may also have chosen to increase the amount of PIP (Personal Injury Protection) from the state minimum of $10,000 to a higher amount. Figuring out which of the policies they paid for will actually help compensate for damages caused by the other driver can be complicated and confusing. But you don’t have to go down that road alone. That’s why we’re here. Give us a call, and Let’s Discuss Your Case.

A legally-recognizable medical malpractice claim exists when a doctor strays from the accepted “standard of care” resulting in harm to a patient. A bad medical outcome does not automatically equal medical malpractice.

Yes. Often these providers work under the direction of a doctor who may also be responsible for the actions of these providers.

To be honest, yes, your loved one will likely have to go to court in order to recover for the harm suffered as a result of medical malpractice. In general, a medical malpractice case is one of the most complicated type-of-case seen in Kentucky courts. And complicated cases rarely settle prior to a lawsuit being filed.

In general, the statute of limitation for medical malpractice in Kentucky is one year. However, under certain circumstances, that time period is longer. For instance, if a child has been injured as a result of medical malpractice, you have a longer time to file depending on the age of the child. Or, in some cases, if a doctor only recently informed you that some injury you have was caused by something a doctor did years ago (like leaving a surgical sponge in your belly during a surgery) and you had no way of knowing about it until recently, you may be able to still pursue a medical malpractice claim.

Because medical malpractice claims are so complex and a proper evaluation takes time, you never want to put off getting a free consultation with our Lexington malpractice lawyers. If you think your family member may be a victim of medical malpractice, it’s important to call our Kentucky medical malpractice attorneys as soon as possible. Often the worst conversations we have are with people who waited a little too long to talk to an attorney and now they cannot pursue what was a valid claim.